HomeMy WebLinkAbout113-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 113-22
File Number: 2022-0375
MCCLELLAND CONSULTING ENGINEERS, INC. AMENDMENT - 2019 STREET
IMPROVEMENTS BOND PROJECT:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING
ENGINEERS, INC. IN THE AMOUNT OF $23,130.00 FOR ADDITIONAL WORK FOR THE
ZION ROAD - VANTAGE TO CROSSOVER PROJECT, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT
WHEREAS, on July 16, 2019, the City Council passed Resolution 168-19 to approve a Professional
Engineering Services Agreement with McClelland Consulting Engineers, Inc. for updated street,
drainage and water line design services for the Zion Road - Vantage to Crossover Project; and
WHEREAS, the amendment will include the survey of the finished work and production of detailed
as -built plans for city records.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract
Amendment to the Professional Engineering Services Agreement with McClelland Consulting
Engineers, Inc. in the amount of $23,130.00 for additional work for the Zion Road - Vantage to
Crossover Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1 Printed on 5118122
Resolution: 113-22
File Number: 2022-0375
PASSED and APPROVED on 5/17/2022
Attest:
�I ara Pax on, City Clerk Treasure
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Page 2 Printed on 5118122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0375
Agenda Date: 5/17/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.7
MCCLELLAND CONSULTING ENGINEERS, INC. AMENDMENT - 2019 STREET
IMPROVEMENTS BOND PROJECT:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE
AMOUNT OF $23,130.00 FOR ADDITIONAL WORK FOR THE ZION ROAD - VANTAGE TO
CROSSOVER PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET
IMPROVEMENTS BOND PROJECT
WHEREAS, on July 16, 2019, the City Council passed Resolution 168-19 to approve a Professional
Engineering Services Agreement with McClelland Consulting Engineers, Inc. for updated street, drainage and
water line design services for the Zion Road - Vantage to Crossover Project; and
WHEREAS, the amendment will include the survey of the finished work and production of detailed as -built
plans for city records.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract Amendment
to the Professional Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount
of $23,130.00 for additional work for the Zion Road - Vantage to Crossover Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 511812022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0375
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/20/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. for the
Zion Road — Vantage to Crossover Project and approval of a budget adjustment.
Budget Impact:
4602.860.7212-5860.02 4602 - Street Bond Projects
5400.860.5700-5815.00 5400 - Water and Sewer Fund
Account Number
46020.7212
11011.2019.7212
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Fund
Street Bond Projects - Zion Rd. Improvements
Water/Sewer Relocates - 2019 Bonds - Zion Rd
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 4,341,842.00
$ 4,001,249.87
$ 340,592.13
$ 23,130.00
$ 23,130.00
340,592.13
V20210527
Purchase Order Number: 2019-00000609 Previous Ordinance or Resolution # 168-19
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: April 20, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of a contract amendment in the amount of $23,130.00 with
McClelland Consulting Engineers, Inc. for the Zion Road — Vantage to
Crossover Project and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends City Council approval of a contract amendment in the amount of $23,130.00
with McClelland Consulting Engineers, Inc. (MCE) for the Zion Road — Vantage to Crossover
Project and approval of a budget adjustment.
BACKGROUND:
Zion Road from College Avenue to Highway 265 was included in the previous Transportation
Improvement Bond Program. The first phase of construction between College Avenue and
Vantage Drive was completed in 2008. In 2013, the second phase, between Vantage Drive and
Highway 265, was approved for funding through the bond program. On May 6, 2014, the
Fayetteville City Council approved a contract with MCE for the design of the second phase of
Zion Road. The design was completed in early 2015, but there were not sufficient bond funds
remaining at the time to fully fund the construction of the project. On July 16, 2019, the Council
approved a contract with MCE to update the plans to include a revised cross section consisting
of a three -lane section with a 10' wide multi -use trail on the north side and a 6' wide sidewalk on
the south side.
This project is currently under construction and is scheduled to be completed in July of 2022.
DISCUSSION:
The approved contract with MCE does not include the survey of the finished work and
production of detailed as -built plans for city records. Staff has worked with MCE to develop a
scope that will include the work necessary to document the construction. McClelland Consulting
Engineers, Inc. has provided a fee in the amount of $23,130.00 for this additional work. The
contract will be paid based on hourly rates for work completed, up to the total contract amount.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
This contract amendment and the construction of the project will be funded by the 2019
Transportation Bond Program and the Water and Sewer Fund.
ACCOUNT
PROJECT
AMOUNT
4602.860.7212-5860.02
46020.7212
$ 14,430
5400.860.5700-5815.00
11011.2019.7212
$ 8,700
Attachments:
Engineering Agreement
Vicinity Map
Budget Adjustment
ZION ROAD AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
THIS AGREEMENT is made as of ICA � / 2022 by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and MCCLELLAND CONSULTING ENGINEERS (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix
A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to
the services to be performed under this Agreement. The City Engineer shall have complete
authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and
systems to be used in the Project, and other matters pertinent to the services covered by this
Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is to be agreed upon by the CITY OF FAYETTEVILLE and the ENGINEER.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis
described in Appendix B.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
Zion Road As-Builts — Professional Engineering Services
FY19-2139 2
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER's services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER's experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors' procedures and
methods, unavoidable delays, construction Contractors' methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER's services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Zion Road As-Builts — Professional Engineering Services
FY19-2139 4
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Zion Road As-Builts — Professional Engineering Services
FY19-2139
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require
Zion Road As-Builts — Professional Engineering Services
FY19-2139 6
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER's activities pertaining to any such publication shall be for ENGINEER's
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
MCCLELLAND CONSULTING ENGINEER's address:
1810 N. College Avenue
Fayetteville, Arkansas 72701
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FY19-2139 7
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Zion Road As-Builts — Professional Engineering Services
FY19-2139 8
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
Zion Road As-Builts — Professional Engineering Services
FY19-2139 9
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub -consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom
of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAY TTEVILLE RKANSAS MCCLELLAND CONSULTING ENGINEERS,
INC.
By Kevin Beaumont
Ma Lioneld J [Ian Date:
Kevin BeaumpnE2022.04.18
ATTEST: i 2200:49-05'00'
<2" A,&ca -bp Title: Vice President
.�ty��� ! ,�' p k
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
U� FAYE'I i "MI t L ;
Zion fto� r>�s-Builts —Professional Engineering Services
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APPENDIX 'A'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ZION ROAD;
MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265)
1. Scope of Proiect
1. Provide the following services associated with the construction of Zion Road between
Meadow View Drive located to the west and North Crossover Road, aka. Hwy 265, to the
east, a distance of approximately 5,500 linear feet.
Task 1 — Water and Sewer As -Built Surveying Services.
a. ENGINEER will conduct As -Built survey data collection on water line and sewer
line improvements. Water line and sewer line improvement features will include fire
hydrants, water valves, top nut on water valve, water meters, irrigation meters, and
other above ground water -line features. As -Built sewer line features will include
sanitary sewer manhole lids, a point on the north rim of manholes, inverts and pipe
diameters.
Task 2 — Street As -Built Surveying Services.
a. ENGINEER will conduct As -Built survey data collection on street improvement
features. Street improvement features will include back of curb/top of curb (only) on
both sides of the new street and the corresponding centerline at 50 ft. stations.
Additional features will consist of mapping new light poles, new sidewalks, handicap
ramps, drainage drop inlets (centerline of rim and north rim), inlet throats, inverts,
pipe diameters, drainage area inlets, drainage pipe, flared end sections and other
street improvement details.
2. Basic Services
The Scope of Services of the ENGINEER as described in the original agreement for the
design of Zion Road, North Vantage Drive to North Crossover Road (Hwy 265), dated May
6th, 2014, shall remain in full effect.
APPENDIX A — Scope of Services A-1 FY19-2139
Zion Road As-Builts
APPENDIX "B"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
ZION ROAD;
MEADOW VIEW DRIVE TO NORTH CROSSOVER ROAD (HWY 265)
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered on a lump
sum (LS) basis.
Basic Services: Payment by CITY OF FAYETTEVILLE based on the percentage of work
complete. Payment for a specific phase shall not exceed the scheduled amount prior to
completion of that phase. Underruns in one phase may be used to offset overruns in another
phase as long as the contract amount is not exceeded.
Water & Sewer As -Built Survey $ 8,700.00 (LS)
Street As -Built Survey $ 14,430.00 (LS)
SUB -TOTAL Basic Services $ 23,130.00
Additional Services: Any and all Additional Services must be approved, and maximum
amount to be paid for said services agreed to, in writing by CITY OF FAYETTEVILLE prior
to rendering of same. CITY OF FAYETTEVILLE shall pay ENGINEER for Additional
Services rendered an amount equal to the cumulative hours charged to the Project for each
class of ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
Attached Exhibit "I", plus approved Reimbursable Expenses and ENGINEER'S Consultant
charges, if any. For ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall
pay the ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable Expenses
incurred in connection with Basic and Additional Services. Reimbursable Expenses must be
approved by the CITY OF FAYETTEVILLE prior to the incurrence of such expenses. The
estimated amount of Reimbursable Expenses to be incurred in connection with Basic Services
is:
SUB -TOTAL Reimbursable Expenses
• The maximum payment to the ENGINEER for all of the Basic Services and Reimbursable
Expenses identified within this Agreement shall not exceed $23,130.00.
ENGINEER shall submit invoices monthly for services rendered and expenses borne. The
invoices shall be accompanied by a copy of the timesheets for all ENGINEER's personnel
working on the project.
APPENDIX B — Compensation B-1
FY19-2139
Zion Road As-Builts
The Hourly Rates used as a basis for payment mean salaries and wages (basic and incentive)
paid to all personnel engaged directly on the PROJECT, including, but not limited to,
engineers, architects, surveyors, designers, draftsman, specification writers, estimators, other
technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory
benefits including, but not limited to, social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto; plus operating margin or profit, non -project
operating costs, and all general and administrative overhead costs, including but not limited
to, furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection
with the PROJECT for printing and reproduction costs and ENGINEER'S consultant charges.
Any and all expenditures for reimbursable expenses must be approved by the CITY OF
FAYETTEVILLE prior to rendering or obtaining same. Overtime salary costs are not
considered Reimbursable Expenses.
APPENDIX B — Compensation B-2 FY19-2139
Zion Road As-Builts
McCLELLAN
MrEi CONSULTING
ommmmmm ENGINEERS, INC.
2022
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman $95 - $110
Clerical $45 - $75
Construction Observer $70 - $140
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
$85 - $170
GIS Technician
$80 - $140
HR/Payroll Admin
$75-$100
Landscape Architect
$90 - $140
Media Specialist
$80 - $100
Principal
$160 - $240
Project Accountant
$70 - $155
Project Designer
$80 - $140
Project Engineer
$120 - $175
Project Manager
$120 - $200
Registered Land Surveyor
$95 - $140
Soils Lab Technician
$50 - $135
Specification Writer
$50 - $90
Sr. Project Manager
$140 - $230
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $195
Survey Field (1 Man or Rodman)
$45 - $105
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Water Lab Tech
$50 - $95
Expenses
@ Cost
Mileage .585/mi**
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
**Subject to change based on Internal Revenue Service (IRS) Guidelines/
Regulations
EXHIBIT 1
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2022
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract amendment in the amount of $23,130.00 with McClelland Consulting Engineers, Inc. for the Zion
Road —Vantage to Crossover Project and approval of a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE: 5/1 7/2022
LEGISTAR FILE ID#: 2022-0375
4/21/2022 8:20 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 5/17/2022
CHKD/POSTED:
TOTAL
Account Number
- -
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20220414
Account Name
4602.860.7212-5860.02
14,430 -
46020 7212 EX
Capital Prof Svcs - Engineering/Architectu
4602.860.7999-5899.00
(14,430) -
46020 7999 EX
Unallocated - Budget
5400.860.5700-5815.00
5400.720.5600-5314.00
8,700 -
(8,700) -
11011 2019.7212 EX
11011 1 EX
Improvements - Sewer
Professional Services
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-17-22\2022-0375 BA Zion Rd MCE Contract Amendment 5 1 of 1